Dan Deacon

Justice Gorsuch’s Tariffs Warning

Thanks to Adam Liptak for highlighting Daniel Deacon @dtdeacon.bsky.social & my forthcoming Duke Law Journal piece "Legalistic Noncompliance"!

Adam's piece: www.nytimes.com/2026/02/26/u...

Our article: papers.ssrn.com/sol3/papers....

Justice Gorsuch:

This isn't what SCOTUS *said* (they said nothing) BUT the Court's "passivity"-deciding not to decide or say anything - helps the executive branch aggressively characterize & implement the Court's orders.

My draft paper "Passive Vices" goes into this (Law Review editors- it's looking for a home!)

I’ve done peer reviews this cycle for Harvard, Yale, Stanford, and Columbia. I think it’s only right that next cycle I get to choose which one publishes my piece 😇

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Valuing Administrative Democracy," by @briandfeinstein.bsky.social and @profdanwalters.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

My comment was partly informed by having read your essay. The category could be pretty broad!

President Trump in the Era of Exclusive Powers - Harvard Law Review The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...

I don't think the Roberts Court majority understands the limits of that category (or lack thereof) either

harvardlawreview.org/blog/2025/04...

But maybe I don't understand that category

I think I'd rather the Court overrule Humphrey's than have the Court go around invalidating parts of statutes involving "conclusive and preclusive" presidential powers

Justice Barrett is asking SG Sauer, do we really have to decide today which clause of the Constitution is the basis for our unitary executive theory? Can't we just continue "not being very specific about it," as we've been doing?

Question captures something v. important about originalism and text.

Sauer's argument is substantively quite weak, but his understanding of the assignment may be the correct one: Just assure the justices they can do the thing, stipulate that they aren't deciding matters not before them, and move on.

All of these questions have been about the Fed, right?

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Immigration Venue Exceptionalism," by Stacy Caplow and Maryellen Fullerton. Check it out! www.yalejreg.com/nc/ad-law-re...

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” forthcoming in the North Carolina Law Review, by Wendy Wagner. Check it out! www.yalejreg.com/nc/ad-law-re...

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Remedies in the Officer Removal Cases," by Sam Bray. Check it out! www.yalejreg.com/nc/ad-law-re...

My article, "Statutory Liquidation," is now in final form.

Check it out on SSRN: papers.ssrn.com/sol3/papers....

Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is...

Thank you to the many who helped improve it!

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Officers at Common Law," forthcoming in the @yalelawjournal.bsky.social, by @nwdonahue.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

See also repository.law.umich.edu/articles/2268/

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Rubber Stamps" by Adam Samaha. Check it out! www.yalejreg.com/nc/ad-law-re...

At your bar swearing-in ceremony (where you're sponsored by one MLaw faculty member) you might just run into another MLaw faculty member (being sponsored by a fourth)

Professor Larry Tribe tweeting, after the Supreme Court overruled Chevron, that "the ones I feel sorry for are my administrative law colleagues who built their courses and careers around the intricacies of Chevron deference"

My opening day Leg Reg video reminded me of this amazing tweet

Fair enough. After my reply I did get a little worried you were going to turn the question back on me!

Curious what you think the bias at Yale is? The other ones I can guess

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Loper Bright's Disingenuity," by @cary-coglianese.bsky.social and @dfroomkin.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

ha

Excited that "Legalistic Noncompliance," with @leahlitman.bsky.social, is now forthcoming in the Duke Law Journal. Check it out here! papers.ssrn.com/sol3/papers....

Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...

Kavanaugh and Gorsuch, maybe?

We were just on Naxos! Santorini now, though headed home tomorrow sadly.

Dan Deacon @dtdeacon.bsky.social & I just uploaded a new/revised version of our paper “Legalistic Noncompliance.”

It’s about the Trump admin’s noncompliance with court orders - and how they’re using legal arguments to paper that over and conceal their defiance papers.ssrn.com/sol3/papers....